Opinion
2014-06381 Ind. No. 2304-12.
12-30-2015
The PEOPLE, etc., respondent, v. Jeremy SUNDERLAND, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Opinion
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Efman, J.), imposed December 18, 2013, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Santana, 122 A.D.3d 949, 949, 995 N.Y.S.2d 682; People v. Lian Qiu, 121 A.D.3d 918, 919, 993 N.Y.S.2d 518), and, thus, does not preclude review of his claim that his sentence is excessive. The sentence, however, is not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
ENG, P.J., CHAMBERS, AUSTIN, ROMAN and LaSALLE, JJ., concur.